Major Second Amendment Victory at the Supreme Court

David Horowitz's NewsRealBlog.com ^ | June 28,2010 | JOSEPH KLEIN

[Rhonda Robinson]

The Supreme Court, by a 5-4 majority, has once again vindicated the rights of individuals to keep and bear arms as constitutionally guaranteed by the Second Amendment. The Court today extended to the states and local governments its 2008 ruling that individuals have a federally protected individual right to keep and bear arms, questioning the constitutionality of Chicago’s outright handgun ban and sending the case back to the federal appeals court for further consideration.

Writing for the majority, Justice Samuel Alito declared that the Second Amendment’s protection of individual rights,

applies equally to the federal government and the states…the right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner.

[RockyMtnMan]

The real news it wasn’t a unanimous majority to an obvious question that we all already knew the answer too.

[Jack Hydrazine]

Many decisions have been split 5-4 decisions lately. If Kagan successfully makes it through the Senate confirmation hearings you will see those split decisions favor the Leftists more.

[unixfox]

Major Second Amendment Victory at the Supreme Court

I wouldn't exactly call it a "Major" victory considering it was 5-4.

More like a friggin squeeker. We hang in the balance, one more socialist justice and we are toast.

[RockyMtnMan]

While it will definitely have a long term impact they will be replacing one liberal for another if they get Kagan. I doubt she’s influential enough to convince the conservative justices of her position to the degree of changing a vote.

[reefdiver]

This should now be settled law and kagan should be asked about it

[Sudetenland]

If the American people exercise their due diligence in the following elections, it will only mean that she will have a long tenure as a liberal justice. He appointment will not alter the balance.

It's all on the people now. If Obama gets a second term, the odds move more in the favor of a conservative justice being forced to step down and the balance changing.

What is sad is that four of the nine justices have so little regard for the Constitution as amended that they are perfectly willing to substitued their own political desires for the words written on paper. There can be no possible excuse for a "judicial scholar not comprehending the simple phrase "shall not be infringed," such a misreading can only come from intent, not ignorance.

[voteNRA]

"If Kagan successfully makes it through the Senate confirmation hearings you will see those split decisions favor the Leftists more."

How do yo figure that?

She is simply replacing Stevens.

[Mark17]

Major Second Amendment Victory at the Supreme Court

It should have been 9 to 0. What happened to the other 4 clowns?

[Sudetenland]

It’s a terrifying result, that only five of the justices believe in the Constitution as amended and that the other four feel perfectly free to substitute their own narrow political agenda for its very clear and unambiguous language.

[Redleg Duke]

"If Kagan successfully makes it through the Senate confirmation hearings you will see those split decisions favor the Leftists more."

How do you figure, since she would be replacing the most left-leaning justice on the court?

[Elsiejay]

On what basis did anyone ever suppose that the fudndamental rights set forth and defined in the Constitution are anything other than individual rights? Persons, not municipalities, have inherent rights. By what logic could the outcome of this judicial deliberation have been other than it is?

[Renegade]

The four dissenters should be tried for treason against the United States of America, convicted and hung on the steps of the Capitol. They actually voted AGAINST the Second Amendment of the United States Constitution.

[Jack Hydrazine]

If she is replacing Stevens then there’s not much to worry about.

[calex59]

Many decisions have been split 5-4 decisions lately. If Kagan successfully makes it through the Senate confirmation hearings you will see those split decisions favor the Leftists more.

How long will it take for you guys to realize(you guys meaning all the meat heads on FR who keep saying this)that IF she is confirmed she will merely be replacing another liberal, one of the existing 4 votes now on the court. The mix will remain the same and there will be no swing towards the left.

Not until one of the conservatives retires and a liberal put in their place, which is why we need to keep voting in conservatives.

[voteNRA]

Stevens is who is retiring and her nomination is to replace his seat.

I thought maybe you had knowledge that her legal arguments would somehow be so brilliant, she would steer the court the other way.

From what I've gathered Kagan is no "legal powerhouse" so I'm pretty sure we will continue with these 5-4 decisions with Kennedy being the swinger. Her seat will just be a liberal place holder and really offer nothing else, IMHO.

[uncbob]

Wonder how Harriet Myers would have voted

[mjp]

The point that the gun control prohibitionists do not seem to realize is that the Second Amendment is part of the Bill of Rights,

the Senate Subcommittee on the Constitution has managed to uncover information on the right to keep and bear arms which documents quite clearly its status as a major individual right of American citizens.                                                                  

[redgolum]

Been on the road. Heard this on the news.

But also heard they kicked it down stairs, while not giving a definite ruling. Is that right?

[chainsaw]

The real news it wasn’t a unanimous majority to an obvious question that we all already knew the answer too.

Neither was the civil right decision by the SC.. 5-4 if my memory serves me. And that was treated by the democrats as if it was an 18-0 vote.